PEOPLE v. DAVIS

No. S062739.

79 Cal.Rptr.2d 295 (1998)

965 P.2d 1165

19 Cal.4th 301

The PEOPLE, Plaintiff and Respondent, v. Kenneth D. DAVIS, Defendant and Appellant.

Supreme Court of California.

November 5, 1998.


Attorney(s) appearing for the Case

Anne V. Moore and John Hardesty, under appointments by the Supreme Court, Nevada City, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Robert Carl Schneider, Sanjay T. Kumar, Frederick Grab and Kerrigan M. Keach, Deputy Attorneys General, for Plaintiff and Respondent.


MOSK, Justice.

We granted review to determine what crime is committed in the following circumstances: the defendant enters a store and picks up an item of merchandise displayed for sale, intending to claim that he owns it and to "return" it for cash or credit; he carries the item to a sales counter and asks the clerk for a "refund"; without the defendant's knowledge his conduct has been observed by a store security agent, who instructs the clerk to give him credit...

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